Attorneys for social security disability

Q: How do people care and feed for their families, while they wait for a social security disability benefits claim approval?

A: The application review process for social security benefits can take anywhere from a few months to few years. Most cases take on average about 3 months to go through the initial review process. Most claims are denied during the initial review process. Most claimants who are denied choose to take the next step and have their case reconsidered and, if necessary, appeal for a hearing. The additional steps add time to process, of course. By the time a claimant has his case heard before a judge, he has often been waiting 2 years. It is very difficult to know how long it will take a particular social security disability case to go through the review process. Since most people cannot work while awaiting a decision about their application for social security benefits, getting by financially can be a hardship. Even those who can work in some capacity find it tricky. Your earnings must be below what Social Security has established as the substantial gainful activity limit. Unfortunately, no matter how small the workload, be aware that it could influence how your injury or condition is viewed by the reviewer. Regardless of whether you pick up work while awaiting a decision about your social security benefits, it is wise to take action now in case your claim takes longer than originally expected. Get rid of discretionary budget items and, instead, set aside the money. Many claimants refinance their property, so they will have money to put toward living costs while they wait. If you currently rent, look into finding a less expensive property. Some claimants are able to rely on loved ones for a loan or other resources during the interim period. Apply for any and all state and federal aid programs for which you qualify. Contact your utility companies to see if they offer aid programs. Speak with your doctor about billing plans that might be available to those awaiting benefits decisions. Look into charities that might be able to help. Some groups pay for prescriptions for those who qualify.

Q: I live in Florida, currently collect disability social security benefits and am in danger of having my home foreclosed. What should I do?

A: The state of Florida offers special homestead tax exemptions for which you may qualify. Such exemptions can reduce the taxable value of your property significantly. Request a disability exemption application.

Q: Will SSI benefits stop if you start working again?

A: SSI benefits are intended for those with limited resources and income. If you become employed again, your earnings may reduce or discontinue your SSI benefits. If you earn more than the amount Social Security deems as Substantial Gainful Activity, your SSI benefits may be in jeopardy. The pretax monthly limit this past year was set at just below $1000. It is important that you report all your earnings to Social Security. You are responsible for repaying any benefits that were paid that you should not have received due to income. If you have the desire and ability to work in any capacity, you should not hesitate to pursue that. If you can work more hours, but keep your scheduled work time low to simply keep your benefit payments, your actions may be viewed as fraud committed against Social Security. It may be helpful to seek counsel from a social security lawyer, if you wish to become employed but are worried about the transition from social security disability benefits back to the workforce.

Q: Should you be concerned if Social Security prefers to communicate with your social security lawyer instead of you?

A: The disability case manager will probably wish to deal with your social security lawyer. You should not be concerned if this is the case. Your social security lawyer represents you. Communicating with both you and your social security lawyer can result in miscommunication. You and your attorney are a team. You should be in frequent contact with your social security lawyer regarding your case. That is why you hired representation.

Q: Are veterans who receive compensation through the VA also eligible for disability insurance through Social Security?

A: An individual is eligible to be awarded disability with the Veterans Administration and the Social Security Administration. Any veteran who became disabled after September 30, 2001 is entitled to expedite his application for social security disability benefits. Although the accelerated process should happen without any added paperwork, it is wise to make sure your case manager knows you expect it. If you have a social security lawyer, have him handle it for you.

Q: What can you do to get by financially when your claim for social security disability is still being processed?

A: It can take quite some time for an application for social security disability to go through the review process. Finding ways to get by in the meantime can be worrisome for some claimants. Given the duration some claims take, it is vital to examine and adjust your budget when possible. Try to eliminate all spending that is not mandatory. Even if you can pay for those things now, you need to have a financial cushion should your claim take a year or two. Try to put savings away for the sole purpose of supporting you through the long wait that may happen with your social security disability application. Some claimants restructure their financial obligations to help them through. Some utility companies, for example, offer low income energy assistance programs. Restructuring a mortgage to allow you to access equity or simply lower your monthly payments can be considered. Additionally, many individuals find that they can rely on friends and family for short term loans or other support. Look into aid programs to help with doctor bills and medication. It is important that you do not stop your medical care. Many charities offer assistance to pay for medications. Research any health benefits with the state for which you might qualify. You can also go to a free clinic program for certain things. Talk to your doctor about restructuring payment plans. Explain your situation and be proactive before you get in trouble. Filing for public assistance programs can also be helpful. Some states offer assistance loans that you must pay back once you receive a decision on your social security disability claim. Section 8 housing aid or food stamp programs may be helpful if your wait is long. If your finances are in trouble because of your wait, it may be wise to seek counsel with a lawyer specializing in social security. You may be eligible for dire need assistance with social security. Such assistance can help expedite your claim and offer monetary aid.

Q: Is it possible to apply for social security disability benefits at an actual Social Security office?

A: You can apply for social security disability insurance online, over the phone or in person. It is often recommended that doing it in person is the best method. Meeting with your claims representative will give you one on one communication. The meeting will be your first opportunity to provide background on your claim and medical condition, and the disability case manager will get to see how your condition currently affects your ability to function. This initial meeting sets the stage for the rest of process. To request an initial appointment in person, call Social Security and tell them you would like to apply for social security disability insurance in person. You will then receive a confirmation of the scheduled appointment via mail.

Q: When should you expect notification of a decision on a social security disability case?

A: Decisions on some cases are reached within a few months, while others are not reached for years. A decision for a normal case that has all the required materials is made within 90 days or so.

For people who can no longer work because of a disability or who get injured at work, we have a financial provision for them in the U.S. Social Security Disability payments are paid to people because of this financial provision.

The person has to be disabled enough so that they can not work anymore to provide an income for themselves before they are eligible for Social Security Disability. The person must also be able to prove that they were insured for disability at the time they became disabled. Being fully insured means that you were working for a minimum number of quarters and paying into the Social Security system when you became disabled.
Regular social security benefits are not the same as Social Security Disability benefits and should not be confused. You must also be employed for a continued period of 12 months before you are injured or become ill to be eligible also.

When a person is disabled and their eligibility is decided they can begin receiving monthly payments from the social security office. The Social Security Disability claim must first be approved of by the Social Security Administrator or by an Administrative Law Judge. After the claim is approved the claimant must wait 5 months before payments begin.

Children of people who are eligible for social security benefits can receive benefits also. Spouses of people who are getting social security disability benefits can also receive benefits in certain instances. For instance, if the spouse is over 62 years old they are eligible. Being a spouse of any age and one who is taking care of a child under the age of 16 is another acceptable qualification for the spouse to also receive social security disability benefits. Children who are under the age of 18 and who are still going to high school can also receive social security benefits if their parent is disabled.However, when a child under the age of 22 becomes disabled and was not working, they are still eligible for social security benefits. Unlike social security retirement benefits, a divorced spouse does not become eligible for social security benefits once a former spouse becomes disabled.Also, you can be disqualified if you do not know how to fill out the disability claim form correctly.

Q: Can my children obtain SS benefits under my account if they do not live at home with me?

Whether or not your children can receive benefits will depend on your specific relationship with them. For a child to be able to obtain benefits under your social security account, he or she must be financially dependent upon you. Whether they live with you or not, your child will automatically be considered your financial dependent if you share any of the following relationships with them:

• The child is your legitimate, natural child
• The child is your legally adopted child
• The child is your natural, recognized, but unlegitimized child, and either a court has made a determination of support, or you regularly contribute financially to support the child.

If a court has not officially made a determination of support for a recognized natural child that does not live with you, you can show that child’s financial dependency upon you by providing:

• Evidence that the child is eligible as your dependent under other programs (state and federal)
• Old W2s and other tax forms showing that you claimed your child as a dependent
• Records that you made periodic payments for the child
• Additional related proofs